Legal Issues for the Home Inspector Seminar in Tarrytown, NY - February 17, 2007

[jferry]

http://www.marsceillmedia.com/jf/

This course is approved for 4 CEU by NACHI. It has also been approved for four (4) ASHI® Membership Renewal Credits.

[Nick Gromicko]

Joe, aren't you forgetting something? I don't see addresses on any of these links, or am I missing something?

[jferry]

Originally Posted by gromicko

Joe, aren't you forgetting something? I don't see addresses on any of these links, or am I missing something?

Go to "Register Online" where it lists the first ten cities. Below the cities there is a "More Info" link which brings up the Marriott Courtyard venue.

[Leonard E. Ungar]

Hi! Joe;
How are you going to be in Harrisburg,Pittsburg & Boston all in the same day?
Me thinks you best check your posts my friend !!!!!!
Len

[jferry]

Originally Posted by lungar

Hi! Joe;
How are you going to be in Harrisburg,Pittsburg & Boston all in the same day?
Me thinks you best check your posts my friend !!!!!!
Len

Well, Len, as you know you can't change the thread caption once it is submitted. So I wrote another one with the correct Boston date, February 3, 2007.

http://www.nachi.org/forum/f25/legal-issues-home-inspector-seminar-boston-ma-february-3-2007-a-12028/

And another one with the correct Pittsburgh date, January 26, 2007.

http://www.nachi.org/forum/f25/legal-issues-home-inspector-seminar-pittsburgh-pa-january-26-2007-a-12024/

And another one with the correct Harrisburg date, January 27, 2007.

http://www.nachi.org/forum/f25/legal-issues-home-inspector-seminar-harrisburg-pa-january-27-200-a-12025/

[Nick Gromicko]

You can change the thread title or any of your post titles by hitting the edit button, then the advanced button, then changing the title.

[jferry]

Originally Posted by gromicko

You can change the thread title or any of your post titles by hitting the edit button, then the advanced button, then changing the title.

Good to know. I fixed the erroneous dates on the Harrisburg and Pittsburgh posts.

[Rick Bates]

Joe,

I have just registered for your Albany, NY "Law & Disorder" seminar. The registration process was all that it should be - quick, easy and complete (with the exception of the seminar times) I did not see what hours your presentation was scheduled but assume morning since a continental breakfast is included. Could you please post the start time since I will be transporting several other seminar participants from the Binghamton/Elmira area.

[Rick Bates]

Joe & Nick,

I am seeking answers to the following with respect to actual and current situations where we have written documents as proof.

1. Can the Listing and Selling REALTORS limit a buyer from hiring a NACHI inspector or any individual inspector or company even if the inspector is state certified?

The current argument is that it is not in the best financial interest of the seller or the transaction to have a thorough inspection. Agents are publishing their own lists of what they call approved inspectors.

2. Can the seller prohibit a specific licensed and qualified inspector or inspection company from stepping foot on their property after the inspector/company has been hired by the buyer who has a signed contract?

The seller is threating arrest for trespassing and his claim is supported by his attorney. Both say that it is nothing personal and that it is in the best financial interest of the seller to limit access to an inspector who is less thorough. I am being told that this is a compliment and should not be considered detrimental to my image, brand, or professional reputation.

3. Can REALTORS & attorneys specifically write an inspector and/or inspector company out of a purchase agreement thus limiting the buyers choice of inspectors?

What recourse can an inspector take when a client or prospective client brings this to the surface?

4. Can REALTOR sales agents, associate brokers, and brokers enter into a privately owned MLS system exclusionary statements that prohibit a specific inspector or inspection company from being allowed to perform inspections?

I have been verbally threatened that if I go public or attempt to take any action against the offending parties that I will have my locked box access revoked and be futher black listed by the REALTORS. One of the brokers has also vowed that anyone caught helping me with providing printed information will also have thier MLS membership and access terminated. This MLS system and their legal counsel have refused me access to the "agents notes" section of the database where we have found limiting statements printed. This MLS system currently has 400+members. Their size continues to grow while my company has been downsized from (4) inspectors to only (1) part time.

I would certainly appreciate any help you could give. All local attorneys are openly reluctant about taking on the REALTORS since they all make money from the transactions and the REALTORS have such a strong lobby.

[Joe Farsetta]

Rick,

As a NY Inspector and one who helped craft the legislation, the answers to all of your questions, except for the possibility of any seller prohibiting access, is "NO".

Thr people who control our licenses as home inspectors in NY, also handle realtor licenses. My real estate license is currently dormant, as I gave it back to the DOL long ago.

Get the threat in the form of audio, or in writing. Go to the DOS, DOL, and AG's office.

Then enjoy your new home....

[Rick Bates]

Joe,

Thank you for the quick reply both on this message board and the phone call.
The attorney for this private MLS needs to have case law references and he will issue a directive to all of the agents and brokers - are there any previously tried cases in regard to this?

I really wanted to avoid the complaint and grievance procedures if possible since I will stand to loose my MLS membership on the grounds of copyright violation if I turn the documents that I have over to the DOS, State Attorney General, Justice Dept. special realtor investigation unit, etc. A couple of the realtors involved sit on the professional ethics and grievance committee of this MLS board. My complaint also involves (3) past presidents of this MLS organization.